J.D., magna cum laude, University of Miami Law School; Order of the Coif
B.A., The Johns Hopkins University
Senior Articles Editor, University of Miami Law Review
Bar and Court Admissions
District of Columbia Bar
U.S. Courts of Appeals for the Third, Fourth, Sixth, Ninth, Tenth, Eleventh, and District of Columbia Circuits
U.S. District Court for the District of Columbia
U.S. District Court for the District of Maryland
Licensed Continuing Education Instructor, New York State Department of Financial Services
Mary represents insurers in complex litigation and arbitration involving professional liability, general liability, cyber, crime, and property insurance coverage. She provides advice and counsel on a wide range of insurance issues, including legal malpractice and other errors and omissions claims, director and officer liability, bankruptcy, crime, construction defect, environmental liability, technology, emerging issues, and bad faith.
Mary is a certified Legal Lean Sigma Institute (LLSI) White Belt, and uses the LLSI process and project management approach to deliver increased value to clients.
- Obtained dismissal of direct action complaint by former law firm clients seeking coverage under firm's lawyers professional liability policy on grounds that plaintiffs lacked judgment creditor status, failed to prove third party beneficiary status, and breach of contract claim failed as a matter of law. Kahlon, et al. v. CNA Financial Corp., et al., No. 16-cv-02239-LDW-AWS (E.D.N.Y. June 13, 2017)
- Obtained summary judgment for insurer that exclusions in life insurance agent’s E&O policy barred coverage for a multi-million dollar claim and that the insured was obligated to reimburse all defense costs. Columbia Casualty Co. v. Mostafa Abdou, No. 15-cv-00080-LAP-KSC (Dec. 16, 2015, as amended Aug. 18, 2016).
- Prevailed on motion to dismiss and on appeal, obtaining rulings of no coverage under accountants professional liability policy on grounds that tax shelter exclusion bars coverage for claims that the insured implemented investment strategies constituting illegal tax avoidance schemes. Financial Strategy Group, PLC v. Continental Casualty Co., 2014 WL 5449577 (W.D. Tenn. Sept. 23, 2014), aff’d, No. 14-6296 (6th Cir. Aug. 4, 2015).
- Obtained dismissal of claim under lawyers professional liability policy on grounds that the allegations against the insured, including allegations of an ongoing conspiracy, pertained solely to acts before the policy’s retroactive date. Wesco Insurance Co. v. Regas, 2015 WL 500702 (N.D. Ill. Feb. 3, 2015).
- Obtained dismissal for insurer based on business enterprise exclusion in attorney professional liability policy. Gomery v. Continental Cas. Co., 2014 WL 4209648 (W.D. Mich. Aug. 25, 2014).
- Obtained summary judgment for directors and officers liability insurer on grounds that claim was first made before the policy period and that the prior notice exclusion, definition of loss, late notice, and cooperation clause all barred coverage. Christian J. Lessard v. Continental Cas. Co., 2014 WL 4162006 (E.D. Va. Aug. 19, 2014).
- Obtained summary judgment for employment practices liability insurer based on wage and hour claim exclusion, definition of loss, and late notice. M Bar C Construction Inc. v. Continental Cas. Co., et al., No. 2012-37-00088258-CU-IC-CTL (Cal. Super. Ct., San Diego Cty. Jan. 3, 2014).
- Won summary judgment for accountants professional liability insurer based on financial products exclusion. Maryland Accounting Services, Inc. v. Continental Cas. Co., 2011 WL 5853906 (D. Md. Nov. 21, 2011).
- Prevailed in professional liability coverage action and defeated bad faith claim by establishing that insured failed to prove the claim was first made and reported to the insurer during policy period. Bruce Boys v. Continental Cas. Co., 808 F. Supp. 2d 410 (D. Conn. 2011).
- Won summary judgment for professional liability insurer on prior knowledge issues. Brian J. McKeen, et al. v. Continental Cas. Co., 2011 WL 3839803 (E.D. Mich. Aug. 30, 2011).
- Prevailed on judgment on the pleadings on grounds prior knowledge issue and business enterprise exclusion under lawyer's professional liability policy. Darwin National Assurance Co. v. Hellyer, et al., 2011 WL 2259801 (N.D. Ill. June 7, 2011).
- Extensive experience in drafting insurance policy forms for third party liability, first party property, commercial crime, and other coverages.
- Particular experience in representing insurer interests in connection with "bad faith" claims and complaints to state insurance regulators.
- Significant experience defending lawyers facing legal practice actions, including in successful jury trial.
- American Bar Association (ABA), Section of Litigation, Insurance Coverage Litigation Committee
- Past Chair, Insurance Coverage Committee CLE Seminar
- Past Chair, Professional Liability Subcommittee
- Past Chair, Construction Subcommittee
- Fellow, American College of Coverage and Extracontractual Counsel (ACCEC)
- Defense Research Institute (DRI)
- Professional Liability Underwriting Society (PLUS)
- AV Peer Review Rating, Martindale-Hubbell's highest ranking by peers for general ethical standards and legal ability
News & Insights
- June 1, 2017 | Online Webinar | Speaking EngagementStrafford WebinarsMary E. Borja, Speaker
- May 25, 2017 | ArticleLaw 360
- March 3, 2017 | Tucson, AZ | Speaking EngagementABA's 29th Annual Insurance Coverage Litigation Committee CLE SeminarMary E. Borja, Speaker
- February 22, 2017 | Washington, DC | Speaking EngagementDistrict of Columbia BarMary E. Borja, Speaker
- January 12, 2017 | Online Webinar | Speaking EngagementNon-Cumulation and Prior Insurance Clauses: Allocating Liability Among Multiple Policies Triggered by Multi-Year LossStafford SeminarsMary E. Borja, Speaker
- November 2016 | Newsletter
- October 24, 2016 | ArticleLaw360Mary E. Borja, Edward R. Brown
- March 4, 2016 | Tucson, AZ | Speaking EngagementBattling for the Forum: Strategies Employed by Insurers and Policyholders to Secure and Protect the Most Advantageous Forum for Their Coverage DisputesABA’s 2016 Insurance Coverage Litigation Committee CLE SeminarMary E. Borja, Speaker
- Summer/Fall 2015 | ArticleInsurance Coverage, Vol. 25, No. 3Mary E. Borja
- March 4, 2015 | Tucson, AZ | Speaking EngagementABA's 2015 Insurance Coverage Litigation Committee CLE SeminarMary E. Borja, Panelist
- March 12, 2014 | Press ReleaseWiley Rein and ACLU Reach Landmark Settlement with Baltimore City Police in Right to Record Police Action Case
- March 8, 2014 | ArticleABA Insurance Coverage Litigation Committee CLE SeminarMary E. Borja, Edward R. Brown
- March 8, 2014 | Tucson, AZ | Speaking EngagementWrap-Up Insurance Challenges for Coverage Attorneys from Implementation Through Completed OperationsABA's 2014 Insurance Coverage Litigation Committee CLE SeminarMary E. Borja, Panelist
- November 14, 2013 | Press Release
- July-August 2013 | ArticlePrior Knowledge Provisions and the Duty to DefendABA's Insurance Coverage Journal Vol. 23, No. 4Mary E. Borja
- March 15, 2013 | Arlington, VA | Speaking EngagementThe Right to Photograph and Record in PublicShoot Off Visual Media WorkshopMary E. Borja, Panelist
- March 11, 2013 | Press ReleaseWiley Rein Obtains Decision Rebuking the Baltimore Police Department for its Abusive Discovery Conduct in a Civil Rights Case
- February 28, 2013 | ArticlePrior Knowledge Provisions and Duty to Defend: An Exception to the Four-Corners RuleMary E. Borja
- February 28, 2013 | Tucson, AZ | Speaking EngagementAre the Shoemaker's Children Barefoot: How Well Do You Know Your Own Lawyers' Professional Liability Coverage?ABA Insurance Coverage Litigation Committee CLE SeminarMary E. Borja, Speaker
- January 31, 2013 | New York, NY | Speaking EngagementProfessional Liability, Legal Ethics & Risk Management: Preventing, Defending & Obtaining Insurance for Claims Against Law FirmsNew York City Bar Center for CLE ProgramMary E. Borja, Faculty
- July 25, 2012 | New York, NY | Speaking EngagementHow to Respond to a Legal Malpractice Crisis: A Hypothetical ExerciseHB Litigation Conference: Emerging Ethical Risks for Attorneys Outsourcing, Litigation Financing, Social Media, Cloud Computing, eDiscovery, and Lawyer MobilityMary E. Borja, Speaker
- June 21, 2012 | ArticleABA Webinar Materials
- February 29, 2012 | Orlando, FL | Speaking EngagementA Deep Dive Into Construction Insurance & Bond Issues: Navigating the Recent Developments in Insurance Coverage and Surety Laws, Performance and Payment Bonds, Coverage Triggers and Duties to Defend, and Bad Faith AvoidanceACI Conference: Construction LitigationMary E. Borja, Speaker
- February 14, 2012 | Media MentionThe Associated Press
- February 1, 2012 | ArticleThe Latest Developments Affecting Construction Defect Insurance Coverage ClaimsMary E. Borja
- July 14, 2011 | Press Release
- January 19, 2010 | Press Release
- October 29, 2004 | Press Release